Hong Kong news outlets face litigation over sources

Hong Kong, August 9, 2013--The
government's anti-corruption agency has demanded two news outlets turn over notes
and other material related to interviews they conducted with an oil executive
who is under investigation. The Committee to Protect Journalists calls on the
Independent Commission Against Corruption to withdraw its requests.

Lew has been under investigation since January by the anti-corruption agency for
suspected breach of the Prevention of Bribery Ordinance. News accounts have not
reported further details on the accusation. In the interviews published
and broadcast by the outlets, Lew said that Leung Chun-ying, Hong Kong's leader and chief
executive, had lied about having illegal structures at his luxury homes. Leung
has denied lying, but said he had been negligent
and careless in his handling of the homes.

The news outlets told local journalists that they did not intend to comply with demands for notes and other unpublished
materials.Lew said
he has not been contacted by the agency about the interviews.

If Hong Kong's High Court grants the court order,
failure to comply without reasonable cause could subject the two news outlets
to up to a year in jail and a HK$100,000 fine, according to Hong Kong legislation.

In a statement to CPJ, the anti-corruption agency
said it had received advice from the
Department of Justice before seeking the court order. The Department of Justice
told CPJ it would not comment.

"The Independent Commission Against Corruption should explore other
options before resorting to legal action to pressure media organizations to
give up their notes and other material used in their reporting," said Bob
Dietz, CPJ's Asia program coordinator in New York. "It could set an unfortunate
precedent and deter potential sources from providing information to the press,
harming the press's ability to serve as a watchdog."

The Hong Kong Journalists Association has strongly
opposed the move, arguing that it would
harm public confidence in journalists, leading to a perception that media
outlets would not be able to protect their sources.

Timothy Hamlett, a veteran Hong Kong journalist and professor of
media law at Hong Kong Baptist University, told CPJ that the agency's actions
were puzzling and that it remained unclear if the agency
would use the materials to investigate either Lew or Leung.